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Zero FIRs in Local Language: Ministry of Home Affairs to U.Ts | UPSC Notes
IMPORTANT LINKS
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Syllabus |
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Topics for Prelims |
Union Territories, Central Government, Government Policies, Constitutional Morality, Parliament, Ministeries, Departments, State Governments, Schedule VII, Union List, State List, Concurrent List |
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Topics for Mains |
Police Reforms, Constitutional Provisions, Internal Security, Law & Order, Government Schemes, Acts, Legislations |
What is the First Information Report (FIR)?
The term "First Information Report" (FIR) is not explicitly defined in the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), or any other law. However, according to the established system of policing, information recorded under Section 154 of Code of Criminal Procedure (CrPC) is referred to as an First Information Report (FIR).
- Section 154 of Code of Criminal Procedure (CrPC) mandates that any information regarding the commission of any cognizable offense, if provided orally to a police officer in charge, must be reduced to writing.
- There will be no fee charged for providing a copy of the recorded information which is mandatory to be given to the informant.
- Key elements of an First Information Report (FIR) include that it must pertain to any cognizable offense. First Information Report (FIR) should be reported orally or in writing to the Station House Officer (SHO) of the concerned Police station. Apart from that it is mandatory that the information provided is documented, signed by the informant, and the details are duly entered in a daily diary.
Read more about Judicial Reforms in India!
Zero FIRs
There is a need to understand Zero FIRs as these are one of those reforms which have been brought to rectify the image of police in the eyes of common citizens. These are some of the basic details about Zero FIRs:
- A Zero FIR or Zero First Information Report can be lodged at any police station by the victim, regardless of where their residence is or where the crime has taken place
- Upon receiving a Zero FIR, it is obligatory for the police station to forward it to the appropriate jurisdiction for further investigation.
- It is interesting to note that the FIR does not receive a regular number, and a fresh FIR is registered by the concerned police station.
- Justice Verma Committee recommended the use of Zero FIRs and it was introduced after the infamous 2012 Nirbhaya gang rape case.
- The primary aim of Zero FIRs is to prevent excessive delays that occur and to completely ensure that victims do not have to face any hurdles in getting their complaints registered.
- This ensures faster action after filing the FIR, aiding in timely redressal of grievances.
Read More about the Judiciary!
FIRs under New Criminal Laws
The three new laws introduced in India i.e Bharatiya Nyaya Sanhita 2023, Bharatiya Nagrik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023 which came into effect from from July 1, 2024 have made sweeping changes in the way criminal investigations are done. These are some of the changes under the three new criminal laws:
- These three laws have replaced the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Indian Evidence Act, respectively.
- Under the newly introduced three criminal laws, FIRs can now be reported via electronic means. It has eliminated the need for physically visiting police stations.
- This step has facilitated quicker reporting and thus enables faster action by law enforcement agencies.
- The newly introduced Bharatiya Nagarik Suraksha Sanhita (BNSS) which replaced the Code of Criminal Procedure (CrPC) mandates the registration of a ‘Zero FIR.’
- Section 176(3) of Bhartiya Nagrik Suraksha Sanhita (BNSS) makes it mandatory to collect forensic evidence and make video recording of crime scenes in cases punishable by seven years or more.
- There should be coordination between states as those states which don’t have forensic facilities can use those of other states.
- Victims will be able to receive a free copy of the FIR, ensuring their active participation in the entire legal process.
Key Provisions of Bharatiya Sakshya Adhiniyam 2023
These are the following key provisions of Bharatiya Sakshya Adhiniyam 2023:
- Admissibility of Electronic or Digital Records as Evidence: This legislation or Adhiniyam provides that the electronic or digital records will have the same legal effect as paper records. It has expanded the meaning of electronic records, as it now includes information stored in the semiconductor memory of any communication devices (smartphones, laptops), emails, server logs etc.
- Documentary Evidence: It has added provisions that electronic records will from now on be treated as admissible evidence apart from writings, maps, and caricatures.
- Oral Evidence: Oral evidence apart from other things includes statements made before the Court of law by witnesses in relation to a fact under inquiry. Also, oral evidence can be given electronically.
- Joint Trials: Joint trial is a legal process in which the trial of more than one person for the same offense is done. The Act adds that a trial of multiple persons, where an accused has absconded or has not responded to an arrest warrant issued against him or her, will be treated as a joint trial.
Read more about the Justice Hema Committee Report!
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Key Takeaway for UPSC Aspirants
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Zero FIR UPSC FAQs
What were the key recommendations of the Justice Verma Committee?
Justice Verma committee recommended a series of measures to make the judicial and legal system effective. It includes accountability from institutions, amendments in present criminal laws, increasing penalties, police reforms, gender sensitisation etc.
When was the Justice Verma Committee report submitted?
Justice Verma Committee submitted its report on January 23, 2013
Which list in Schedule VII of Indian Constitution contains the subject of Police?
The subject of Police falls under State list in Schedule VII of Indian Constitution.
When was the Justice Verma Committee formed?
Justice Verma Committee was formed on 22 December, 2012.
Which is the principal legislation under which Police in India are governed?
Police forces in India are primarily governed under Indian Police Act, 1861.